Sunil Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39027 of 2017 Arising Out of PS.Case No. -1090 Year- 2011 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Sunil Sharma, Son of Sri Jai Govind Sharma, Resident of VillagePathalpura, Police Station- Karghar, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanti Devi, Wife of Sunil Sharma, Daughter of Sri Ram Sharma, Resident of Village- Thorason, Police Station- Karghar, District- Rohtas.
3. Sri Ram Sharma, Son of Late Sukhari Sharma, Resident of VillageThorason, Police Station- Karghar, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Complaint Case N0. 1090 of 2011, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with full honour, love and dignity.
It is evident from the materials on record that matrimonial discord between the wife and husband is the root
Patna High Court Cr.Misc. No.39027 of 2017 (2) dt.19-08-2017 2/2 cause for registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present himself before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.
Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed.
Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sasaram at Rohta in Complaint Case No. 1090 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. ArunKumar/- (Chakradhari Sharan Singh, J) U